I'm a Fellow at the Adam Smith Institute in London, a writer here and there on this and that and strangely, one of the global experts on the metal scandium, one of the rare earths. An odd thing to be but someone does have to be such and in this flavour of our universe I am. I have written for The Times, Daily Telegraph, Express, Independent, City AM, Wall Street Journal, Philadelphia Inquirer and online for the ASI, IEA, Social Affairs Unit, Spectator, The Guardian, The Register and Techcentralstation. I've also ghosted pieces for several UK politicians in many of the UK papers, including the Daily Sport.

Unbelievable: Now Apple Trademarks The Shop

I’d argue that this is taking the whole idea of patents and trademarks just that little bit too far. For Apple has now trademarked the layout of a shop. No, really, they have.

The news is here in The Register and the actual application is here. And it really is claiming a trademark over the layout of a shop to retail electronics.

The applicant is not claiming color as a feature of the mark. The mark consists of distinctive design and layout of a retail store.

Here’s what they’re really trademarking:

This is not in any way a joke. A rectangular room with rectangular tables in it. The tables arranged in rows. Electronics for the selling of.

This is now a trademark of Apple Inc.

It’s said that Apple is doing this in order to be able to fight the Chinese existence of knock off AppleStores. But don’t forget, in order to be able to do that then no one else in any of the other countries where this design is registered can use, umm, rectangular tables set in a row to sell electronic goods from.

Do note that this isn’t a patent. This is a trademark, a rather different thing. If Apple’s got an entirely different design for its stores then it’s fair enough that they should be able to prevent people from “passing off”. That is, faking it to make it look like an AppleStore so as to deceive the potential customers.

But there’s a difference between being able to protect against passing off and being able to claim a trademark on the layout and shape of tables I would submit. The normal rules against non-Apple retailers claiming to be Apple, or the usual bans against their using Apple signage should be enough for that.

I find it very difficult to conclude anything other than that the patent and trademark systems are broken. I mean what next? Someone claiming legal protection for rounded corners? Screen layout? Wedge shapes?

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